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Neve v. Insalaco's

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Petition for Reargument Filed 03/20/2001

� 1 Appellant, Violet A. Neve, appeals from an order denying her motion to remove the compulsory non-suit entered by the trial court, which concluded that Appellant could not invoke res ipsa loquitor to establish negligence. Because the court evaluated the evidence under a standard that was inappropriately critical in the compulsory non-suit context, we conclude that the court erred. Therefore, we reverse and remove the non-suit.

� 2 At trial, the testimony of Appellant and her friend, Jan Black, revealed the following facts. On April 3, 1996, Appellant and Ms. Black went shopping together at a grocery store operated by Appellee, Insalaco’s. (N.T., 11/22/99, at 24). As the women proceeded down the frozen foods aisle of the store, Ms. Black walked ahead to look in the ice cream case, leaving Appellant approximately 10 feet behind with the shopping cart that the pair were sharing. (Id. at 42, 59). Ms. Black turned around toward her shopping companion just in time to see Appellant step on a round metal grate that was raised between one half to three quarters of an inch above the floor. (Id. at 59-60). Ms. Black attempted to warn her friend, but Appellant did not hear the warning in time to avoid stepping on the grate. (Id. at 60). The arch of Appellant’s foot came down on the grate’s raised edge, causing Appellant to feel a snapping sensation and a sharp pain in her foot that made her cry out. (Id. at 27, 61). At that moment, Appellant became unable to stand on her own and steadied herself by leaning on the shopping cart with the assistance of Ms. Black, who had rushed to Appellant’s aid. (Id. at 27-28, 61).

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